Can you be sentenced for the same crime in Family and criminal court?

Asked about 1 year ago - Saranac Lake, NY

family court i got a family court violation which i served todays for and now they gave me criminal contempt in the 2nd and sentenced me to another todays and 3 years probation . It all stems from an indecent where i left my children with an unapproved babysitter , not any fault of my own . I was told if i didn't plea they could take my kids until after trial so i had agreed to todays for family court which vie served and the yrs probation criminal but now the judge added another todays in jail . Feel like this maybe double jeopardy and would like to NOT be on probation or do the jail time This is just getting a little out of control for such a stupid crime that was out of my control anyways ! !

Attorney answers (5)

  1. Jayson Lutzky

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . You can be charged both in criminal court and family court for the same incident. Speak with your criminal defense lawyer and your family court attorney for more assistance.

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  2. Carlos Gonzalez

    Pro

    Contributor Level 17

    5

    Lawyers agree

    Answered . Yes, you can be charged criminally and have a family petition filed against you based on the same exact circumstances... Generally, the family court case is considered civil and not criminal and as a result there is no issue.

  3. Ibraheim Nidal Shalabi

    Contributor Level 9

    6

    Lawyers agree

    Answered . Yes you can. Hire a lawyer and have this handled.

    Good luck.

  4. Marco Caviglia

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . Yes. Double jeopardy does not attach other than in criminal matters (i.e. both in criminal). Also, in your situation, the "sentence" (and the very purposes and goals of these two courts) are markedly different. Parenthetically, double jeopardy does not attach for a state crime and a federal crime stemming from the same criminal act.

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  5. Morghan L Richardson

    Pro

    Contributor Level 13

    3

    Lawyers agree

    Answered . I think you should consult a lawyer. Your case sounds complex and it is difficult to tell from the facts presented.

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